Can Rule III governing amendments and irregularities, be invoked by the Supreme Court voluntarily after the trial and after judgment of dismissal for failure of proof? In the case of Porter v. Baretiche in which the complaint was predicated upon an express contract, the action proceeded regularly to trial and resulted in judgment for the full amount claimed in favor of the plaintiff-respondent. Defendant's answer prayed for judgment of dismissal.
E. B. Herald,
Notes and Comments,
Supreme Court Rule III of Pleading, Procedure and Practice—Amendments and Irregularities,
Wash. L. & Rev.
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